Distracted Driving Accidents in New York
Distracted driving is a dangerous behavior that causes traffic crashes and fatalities every year. While new laws and prevention efforts have helped reduce distracted driving crashes in New York and Westchester County, countless thousands still occur each year. If you or a loved one has been injured in a distracted driving case, reach out to Lever & Ecker’s experienced New York car accident lawyers to learn more about your legal rights and options.
Topics On This Page
- What is Distracted Driving?
- New York Law: Cell Phone Use and Distracted Driving Accidents
- Consequences of Distracted Driving in New York
- How Can You Help Prevent Distracted Driving in New York?
- Insurance Information Involving Distracted Drivers
- When Should You Seek Legal Assistance After a Distracted Driving Accident?
- Seek Legal Guidance from an Experienced New York Car Accident Lawyer
What is Distracted Driving?
Distracted driving is any activity or behavior that diverts attention from driving. This can include talking or texting on a cell phone, eating and drinking, talking to passengers, fiddling with vehicle systems like the radio or maps, and more. Driving safely requires your full attention. The three main types of driving distractions include:
- Visual: taking your eyes off the road
- Manual: taking your hands off the wheel
- Cognitive: taking your mind off driving
Texting and other cell phone use is a particularly dangerous distraction for drivers across New York. Although police-reported crashes involving cell phones have decreased in recent years, distracted driving involving phones still contributes to thousands of crashes annually in New York. Additionally, tens of thousands of tickets are issued annually for cell phone violations.
New York Law: Cell Phone Use and Distracted Driving Accidents
Over the past few decades, New York has taken several actions to prohibit drivers from using cell phones while driving. Though much of the prevention effort centers around cell phones, the police also work to prevent other types of distracted driving.
Ongoing Efforts in New York to Prevent Distracted Driving
In April 2025, the New York State Police participated in a national crackdown on distracted driving as part of National Distracted Driving Awareness Month. “Operation Hang Up”, conducted from April 7 to April 14, 2025, used increased patrols and checkpoints to target drivers using electronic devices behind the wheel. Over the course of the week, state police issued more than 4,600 tickets for distracted driving, over 3,000 of which involved texting. This marked an increase of more than 500 tickets from the 2024 Operation Hang Up campaign.
New York Mobile Phone and Portable Electronic Device Laws
New York became the first state to ban hand-held cell phones while driving in 2001. Eight years later, the state passed another law specifically prohibiting texting while driving. Then, in 2011, the New York’s Governor, Andrew Cuomo, signed a law making texting while driving a primary offense, increasing the number of driver violation points from two to three. In 2013, points were further raised from three to five.
Consequences of Distracted Driving in New York
Distracted driving, especially involving cell phones, creates a significant risk of consequences on the road, including serious injuries and even death. In 2023, 3,275 people were killed in motor vehicle crashes involving distracted drivers across the U.S. Currently, New York State law includes the following penalties for distracted drivers:
- First offense: $50-$200 fine
- Second offense within 18 months: $50-$250 fine
- Third offense within 18 months: $50-$450 fine
Probationary and junior drivers face additional consequences for distracted driving, including a 120-day license suspension for a first offense and a one-year revocation of their permit or license if they commit a second offense within six months.
How Can You Help Prevent Distracted Driving in New York?
New York motorists can take many steps to be responsible drivers, ensuring safer roadways for drivers, pedestrians, and cyclists alike. Below are some tips to prevent distracted driving.
Tips for Drivers
- Stay focused on the road and your surroundings.
- Do not use any electronic devices while driving.
- If there is an emergency, safely pull off the road before using any device.
- Avoid arguments or stressful conversations with passengers while driving.
- Avoid eating and drinking while driving.
- Ensure children and pets are properly secured and restrained in the vehicle.
- Drive sober.
Tips for Passengers
- Be quiet and alert.
- Don’t create distractions for the driver.
- Help navigate if possible.
- Speak out if the driver you’re with is distracted.
Insurance Information Involving Distracted Drivers
New York is a no-fault insurance state, meaning all vehicle owners must have personal injury protection coverage in their automobile insurance policies. This coverage reimburses certain medical expenses, lost wages, and more to policyholders and other covered individuals injured in crashes, regardless of who was at fault for the crash. However, this coverage is limited (the mandatory minimum coverage in New York State is $50,000) and there are times when injured people can pursue legal action against another driver who was responsible for their injuries to recover additional compensation.
Under New York law, you can file a case against a negligent, at-fault driver if you or a loved one suffered injuries that qualify under the law as “serious injuries,” including death, dismemberment, broken bones, permanent or long-term disability, and more. You must have suffered a “serious injury” to succeed against the wrongdoing driver in court—otherwise, your case will be dismissed.
New York is also a pure comparative negligence state, meaning you can recover damages even if you were partially at fault for an accident—even if you were driving distracted. However, the damages you can recover will be reduced in proportion to your share of fault.
When Should You Seek Legal Assistance After a Distracted Driving Accident?
After an accident, it’s important to seek legal advice as soon as possible. The aftermath of a crash can be complicated, especially if you or a family member were seriously injured. Insurance companies often further complicate the process, challenging distraction-related claims by questioning evidence or seeking to minimize injuries. It’s crucial for victims to consult an experienced personal injury attorney to understand and protect their legal right to deserved compensation.
I do not know what I would have done without Lever & Ecker. The help and compassion I received after being involved in a car accident with a drunk driver will never be forgotten. If you want a caring law firm that actually cares about their clients then Lever and Ecker is who you should have represent you. I will always be grateful.
PJ C.
At Lever & Ecker, our attorneys take a hands-on approach to every client’s matter, guiding them through each step of the legal process. We are motivated by helping injured people and genuinely making a difference in their lives, so we provide top-tier legal representation with an open line of communication to every client. Our lawyers gather strong evidence, including expert analysis and witness testimony, to build cases with the best chance of success.
Seek Legal Guidance from an Experienced New York Car Accident Lawyer
Distracted driving is an incredibly dangerous behavior that injures hundreds of New Yorkers each year. If you or a loved one were seriously injured in a distracted driving accident, Lever & Ecker’s award-winning New York personal injury lawyers are ready to support you during this difficult time. With more than 70 years of combined experience, our attorneys will provide the resources you need to make the right legal decisions and get the right care.
With offices in White Plains, the Bronx, and Queens, we help injured clients throughout New York State, including all five boroughs of New York City, all of Westchester County, and the surrounding counties. We make home and hospital visits—if you can’t come to us, we’ll come to you. To get started on your case today with a free consultation, contact Lever & Ecker online or by calling one of our offices:
- White Plains: (914) 288-9191
- Bronx: (718) 933-3632
- Queens: (347) 391-6337
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